Embed Size (px)
Citation preview
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
SUMMONS
Dear Member 9 July 2019
You are hereby summoned to attend a meeting of the FULL COUNCIL at the Parish Offices, 2 Knowle Park Lane, Fair Oak on Monday, 15 July 2019 at 7.00 p.m. *or at the conclusion of the public participation period.
Melanie Stephens Melanie Stephens Parish Clerk
PUBLIC PARTICIPATION: *If required, the meeting will be preceded by a public participation period of up to 15 minutes, where members of the public are entitled to address the Council on issues relevant to the business of the Parish Council.
AGENDA
1
2
APOLOGIES
DECLARATIONS OF INTEREST
To receive declarations of interest and dispensation requests.
MINUTES OF MEETINGS (PAPER A, PAGES 2-10)
a) To approve the minutes of the Council meeting held on 17 June 2019;b) To approve the minutes of the Planning Committee held on 24 June 2019; andc) To approve the minutes and recommendations therein of the Finance Committee
dated 11 July 2019 (to follow).
3
4
5
6
7
REPORT OF THE RESPONSIBLE FINANCE OFFICER (RFO) (REPORT B, PAGES 11-19)
To approve the report of the RFO and note cheque signing and BACS payments.
HUMAN RESOURCES POLICIES (REPORT C, PAGES 20-40)
To approve the adoption of various Human Resources Policies.
WOODLAND COMMUNITY CENTRE (PAPER D, PAGES 41-42) To consider a request from Rainbows Nursery to build a porch at the external entrance to the nursery.
FORWARD PLAN (REPORT E, PAGES 43-46)
To note the Council’s Forward Plan and make any amendments as necessary.
MEMBERSHIP OF COMMITTEES
To consider any changes that the Council might wish to make.
To: Councillors Officers D Abbott S Anderson P Barrett C Bird N Couldrey
H Douglas (Chairman) K Forfar T Higby M Jermy H McGuinness
T Mignot D Scott P Spearey (Vice-Chairman) B Tennent G Warrillow
L Greenslade (Deputy Clerk) M Stephens (Clerk)
1
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
P – present, Ab – absent, Ap – apologies.
Ap Cllr Anderson P Cllr Jermy P Cllr Tennent Ap Cllr Barrett P Cllr McGuinness P Cllr Warrilow Ap Cllr Bird Ap Cllr Mignot Vacancy P Cllr Couldrey Ab Cllr Scott Vacancy P Cllr Douglas P Cllr Spearey Vacancy
Officers in attendance: Ms M Stephens, Clerk, Mrs L Greenslade Deputy Clerk, Mrs C Giles, Administrative Assistant, Mr M Johnson, Operations Manager & Mrs J Cahaill, Responsible Finance Officer.
PUBLIC SESSION
Two members of the public were present but did not wish to speak.
1 8 DECLARATIONS OF INTEREST
None received.
19 MINUTES OF MEETINGS
RESOLVED
a) That the minutes of the Full Council meetings of 14 & 22 May 2019 be signed bythe Chairman as a correct record; and
b) That the minutes and recommendations therein of the Planning Committee heldon 3 June 2019 be signed by the Chairman as a correct record.
20 CO-OPTION OF PARISH COUNCILLORS
The Council considered four applications for the three vacancies. The candidates each addressed the Council on why they thought they would make a good Parish Councillor.
The Chairman moved that Standing Orders 8(a), which stated that voting appointments be made via “a show of hands” be suspended, and proposed a secret ballet instead, Cllr Spearey seconded and all agreed.
At the time of the secret ballet, one of the candidates withdrew their application.
RESOLVED
a) That Standing Orders be suspended to allow a secret ballet; and
b) That Daniel Linter-Abbott* (tbc), Kristina Forfar and Trudie Higby and be co-optedas Parish Councillors.
Cllr Linter-Abbott, Forfar & Higby joined the meeting.
Minutes of the Full Council meeting held on Monday 17 June 2019 at 7.00 pm
at 2 Knowle Park Lane, Fair Oak
A
2
21 NEW WEBSITE – LIVE DEMO
The Council received a demonstration of the Council’s revamped website prior to its formal launch. The new website, whilst retaining much of the content of the current site, provided more modern look and feel. As well as the facility to book halls for hire and make online payments. The new site, with customer feedback surveys and e-newsletters, aimed to increase community engagement.
Members praised the website development work.
Clarie Price, from Smart Marketing, indicated the website, subject to minor adjustments, was ready to “go live”. The Clerk requested that the new website be launched 1 July, to allow staff to be trained on how to populate the new website platform. Members agreed.
Members would be kept updated on the progress of the new website and its formal launch date.
22 NEIGHBOURHOOD POLICING UPDATE
Sergeant Zoe Wakefield answered questions on the Fair Oak & Horton Heath Neighbourhood Policing update, previously circulated to Members.
Members were pleased to hear that Fair Oak was a low crime area with crime levels declining.
RESOLVED
That the report be noted.
23 FINANCE REPORT
Members considered the report of the Responsible Financial Officer as set out in Report D.
RESOLVED
a) That the report be approved; and
b) That cheque signing and BACS payments be authorised.
24 NEW CENTURY PARK
The Clerk gave a verbal update on the progress of the play area installation indicating that the project would be finished on time and ready for the summer holidays.
25 ST THOMAS’ CHURCH – COMMUNITY CAFÉ
Members considered the request from St Thomas’ Church for the siting of a community café in the Parish.
RESOLVED
That a Task & Finish Group consisting of Cllrs Linter-Abbott, Higby & Forfar be appointed.
3
26 HORTON HEATH COMMUNITY CENTRE
The Clerk reported that to meet current regulations it was necessary to replace the fuse box and update the electrics at the Centre. A quote had been sought from BHM Electrical who worked closely with the installers of the new kitchen.
RESOLVED
That the supplementary bid relating to the electrics at the Centre by BHM Electrical Services Ltd for an additional £2922 be approved and taken out of the earmarked reserves.
27 FORWARD PLAN
RESOLVED
That the Forward Plan as set out in Report F be approved.
28 BOROUGH COUNCILLORS’ REPORT
Cllr Couldrey said he had attended his first LAC since the elections and that the subject of a pavement leading from the new development at the rear of Mortimers Lane had been raised.
29 COUNTY COUNCILLORS’ REPORT
Cllr Tennent reported on recent activities relating to HCC, as set out in Appendix 1.
30 MEMBERSHIP OF COMMITTEES
Cllrs Linter-Abbott and Forfar both expressed an interest in the Planning Committee and it was suggested that they attend the next meeting, before formal appointment was made.
RESOLVED
That the following changes to membership of committees be approved.
a) That Cllrs Forfar & Linter be appointed on the Asset Committee;
b) That Cllr Higby be appointed on the Finance Committee;
c) That Cllr Warrillow be appointed on the Horton Heath Sub Committee; &
d) That Cllr Higby be appointed on the Local Plan Task & Finish Group.
This was all the business and the meeting closed at 8.20 pm.
Signed ……………………………………………. Chairman
Attachments: Appendix 1
4
Appendix 1
County Councillors verbal report
Balancing the Budget ConsultationFrom 5 June – 17 July 2019 Hampshire County Council is consulting residents and stakeholders across Hampshire on options to help it deliver a balanced budget.
The County Council is facing an anticipated budget ‘gap’ of £80million by April 2021, due to growing demand for services, rising costs and inflation and reduced Government funding.
As Council Tax payers and service users, the views of local residents and stakeholders need to be taken into account when decisions about the budget are made.
Lobbying for legislative change
HCC could lobby central government to change statute to allow them to charge towards;
• visits to household waste recycling centres;• issuing ‘Older Persons Bus Passes’;• concessionary travel;• library membership and services• Home to School Transport.
Using reserves
The County Council has around £669.5 million in Reserves with £20m in General Reserves. CIPFA stipulate that there should be enough to run council business for 25 days in General Reserves
HCC could use more reserves to plug the budget gap;
However:
• 82% are already committed to other purposes?• reserves can only be spent once;• there are only enough uncommitted reserves to run services for 27 days.
HCC needs to save £80m this year and will be increasing council tax by 4.99%, the maximum allowed, but suggested that by raising council tax by 17% the cuts would be paid for. However, to do that HCC needs to hold a referendum which will cost £1m
Over £480 million has been removed from the County Council’s budget in the last 10 years.
Schools
There are an increasing number of schools in, or at risk of falling into deficit, and nationally it has been reported that 30% of all local authority maintained secondary schools are in deficit. In Hampshire this figure is about the same but is expected to continue to grow over the next few years unless there is a change in the national funding position. Reasons for schools falling into deficit vary, and tailored support is being provided to individual schools facing financial difficulties along with appropriate challenge and intervention where required.
However, local good news;-
Fair Oak Infant & Junior, Eastleigh
• Construction Works £1,545,000
5
• Fees £255,000• Total cost £1,800,000• Owned• Site Improvements (Infant; 4 Form Entry-120 children/year group. Primary; 5FE-
150 children/year group)Wyvern Secondary, Fair Oak
• Construction Works £1,888,000• Fees £312,000• Total cost £2,200,000• Owned• Synthetic Turfed Pitch & classroom re-modelling (9FE-270 children/year group)
Preapplication consultation date not yet set. Likely end of June to July.
All works to be completed by September 2020 intake.
Deer Park School, Hedge End
• Construction Works £18,644,000• Fees £3,076,000• Total cost £21,720,000• Owned• New 7fe secondary school
Horton Heath Primary School TBA
Extra Care Housing for Older Persons and Younger Adults
Existing Schemes
• Eastleigh: Surrey Court, Fernhill Court, Rowan Court – Chandlers Ford;Laburnham House - Hedge End
Purpose of programme is to reduce people going in to Residential Care
Residential Care –> Supported Living
• Start of the programme – September 2015 850 people with Learning Difficultiesin residential and nursing care
• Current situation 581 people in residential• Aim to reduce by a further 200 people moving from residential care
Younger Adults Extra Care
• Self contained 1 bedroom flats• Blocks of 10 – 18 flats• Communal space and staff accommodation• Outside spaces to help manage people’s needs• Leased to a Registered Provider because HCC is not a Housing Provider• 24/7 Care from a Care Provider
Highways Issues
Meadowsweet Way
This site has been listed for review as a low priority when resource is available. This is to consider a change to the advisory sign at the entrance to Meadowsweet Way to incorporate advance information for the weight restriction that will hopefully discourage some of the larger vehicles. The sign includes the regulatory weight restriction sign so will provide better information to drivers. Regrettably, as a lower priority, HCC do not have the capacity to give immediate attention to this site and it may be some months before progress can be made.
6
Example Signage
Stubbington Way Traffic Lights
Communications with HCC ongoing, but the address of the Hampshire Police accident history website is https://www.tvphampshiretraffweb.co.uk/index.html
Motion on Adopted Roads
Motion on Adopted Roads where I seconded the motion was given cross-party support. I raised the frustrations experienced by residents in not being a given a timetable for when the roads on new developments are to be handed over to Hampshire Highways. In many cases the roads are not being constructed to adoptable standards with the result that residents are forced to pay management fees that are in effect, double taxation. As well as the very important issues of TROs being permitted and in some instances, ensure that streetlights are put in place.
Hampshire 2050 Commission - Next Steps o Special Full Council meeting in 23 September, 11.30am onwards (Single item
agenda)o All member briefing planned before Full Council 10.00am to 11.00am
7
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
P – present, Ab – absent, Ap – apologies.
Committee: P Cllr Jermy P Cllr Scott (Chairman) Ap Cllr Mignot Ab Cllr Warrillow P Cllr McGuinness Vacancy
Others Present: Cllrs Abbott & Forfar.
Officers in attendance: Mrs L Greenslade, Deputy Clerk.
PUBLIC PARTICIPATION
None present.
9 DECLARATIONS OF INTEREST
None received.
10 MINUTES
RESOLVED
That the minutes of the meeting held on 3 June 2019 (previously approved at Full Council on 17 June 2019) be noted.
11 HIGHWAYS
RESOLVED
a) That the Parish Council support the suggestions from a resident relating to additionalsignage at the Stubbington Way traffic lights and asked the Deputy Clerk to reviewthe worthiness of the existing signage as it did not reflect the current road layout.
b) That the EBC Traffic Regulation orders relating to Fair Oak & Horton Heath benoted; and
c) That Tree Preservation order number 840 for land at 2 Epsom Close, Horton Heathbe noted.
12 PLANNING APPLICATIONS
Cllrs discussed planning applications, and made the following comments: -
Application No: V/19/85818 Site Address: Pembers Hill Farm, Mortimers Lane, Fair Oak, SO50 7EA Description: Deed of variation to vary the Pembers Hill Farm S106 Agreement dated 11 May 2018 so that 15% Affordable Housing is secured by the Planning Agreement O/15/77190 and 25% by other contractual means under the Council’s control (overall total to remain at 35% Affordable Housing). Also,
Minutes of the Planning & Highways Committee meeting held on Monday 24 June 2019 at 7.00 pm
at 2 Knowle Park Lane, Fair Oak
8
amendment to Mortgagee in Possession clauses to meet with the Registered Providers requirements. Comments: Members requested that the 35% affordable housing remain in the curtilage of the development.
Application No: H/19/85358 Site Address: Berbice, Paynes Lane, Fair Oak, SO50 7GS Description: Single storey side extension and detached garage Comments: No Objection
Application No: H/19/85554 Site Address:19 Stubbington Way, Fair Oak, SO50 7LQ Description: Retention of boundary fence Comments: No objection
Application No: F/19/85028 Site Address: Site 2 Land to the West of The Kings School, Allington Lane, Fair Oak, SO50 7DB Description: Construction of 35 dwellings including 12 affordable, with associated public open space, landscaping, ecological mitigation, car parking and cycle storage. Comments: No Objection
Application No: H/19/85688 Site Address: 5 Selhurst Way, Fair Oak, Eastleigh, SO50 7JX Description: Erection of a single-storey rear extension Comments: No objection
Application No: F/19/85829 Site Address: Home Park, Knowle Lane, Horton Heath, SO50 7DZ Description: Construction of first floor extensions to existing care home with raised terrace to north elevation and new window to west elevation. Comments: No objection
Application No: H/19/85798 Site Address:395 Fair Oak Road, Fair Oak, SO50 7AB Description: Single storey rear and side extensions following demolition of existing detached garage. Comments: No objection
Application No: H/19/85831 Site Address:43 Ascot Road, Horton Heath, SO50 7JP Description: Extension to front of Garage and the creation of a new second floor with small dormer windows Comments: No oibjection
Application No: L/19/85821 Site Address: Stroudwood Farm, Winchester Road, Lower Upham, SO32 1HH Description: Two storey infill rear extension Comments: No objection
LIST OF DECISIONS MADE
Application Details H/19/85070 Householder planning Decision 20 May 2019 Permit Proposal Two-storey side extension Location 78 Stoke Heights, Fair Oak, SO50 8AJ
9
Application Details: H/19/84873 Householder planning Decision 22 May 2019 Permit Proposal Erection of 1.5 storey side extension with gable end including 2no. dormers to front & 1no. dormer to rear with front porch canopy and pitched roof over existing single storey rear extension Location 7 Knowle Lane, Horton Heath, SO50 7DZ
Application Details X/19/85356 Removal/variation of conditions Decision 29 May 2019 Permit Delegated Decision Proposal Minor material amendment to vary condition 2 (Approved plans) of permitted application F/18/83458, to replace first floor window with floor to ceiling glazing. Location 349 Fair Oak Road, Fair Oak, SO50 8AA
Application Details H/19/85291 Householder planning Decision 5 Jun 2019 Permit Delegated Proposal Formation of dropped kerb. Location 48 Sandy Lane, Fair Oak, SO50 8ET
Application Details H/19/85071 Householder planning Decision 7 Jun 2019 Permit Delegated Decision Proposal Erection of carport to side of existing garden store Location Cheldage, Pempers Close, Fair Oak, SO50 7BN
Application Details H/19/85461 Householder planning Decision 10 Jun 2019 Permit Delegated Decision Proposal Conversion of garage into habitable accommodation with new pedestrian side access and parking area Location 1 Denham Fields, Fair Oak, SO50 8DH
Application Details H/19/85410 Householder planning Decision 13 Jun 2019 Permit Delegated Decision Proposal Rear dormer in association with enlarged second floor living accommodation and new rooflight to front roof slope Location 29 Centaury Gardens, Horton Heath, SO50 7NY
Application Details H/19/85040 Householder planning Decision 12 Jun 2019 Permit Delegated decision Proposal Erection of a double garage in front garden. Location Oak Cottage, Winchester Road, Fair Oak, SO50 7GQ
RESOLVED
a) That the comments set out above, be submitted to the Borough Council, and;b) That the planning decisions be noted.
This was all the business and the meeting closed at 7.40 pm.
Signed ……………………………………………. Chairman
10
B
11
12
13
14
15
16
17
18
19
FULL COUNCIL – 15 JULY 2019
HUMAN RESOURCE (HR) POLICIES AND PROCEDURES
1. PURPOSE
1.1 To approve the following HR policies and procedures: -
(a) Grievance Policy & Procedure(b) Disciplinary Policy & Procedure(c) Equality & Diversity Procedure(d) Anti-Harassment & Bullying Policy & Procedure(e) Anti-Bribery Policy(f) Whistleblowing Policy & Procedure
2. BACKGROUND
2.1 On 25 March 2019, the Clerk advised members that the Parish Council was lacking several key HR statutory documents. As such the Council agreed that advice be sought from Hampshire Association of Local Councils with regards to developing these documents.
2.2 The Parish Clerk has now, with assistance from HALC, produced several key HR policies and procedures.
2.3 HR policies provide written guidance for employees and managers on how to handle a range of employment issues. They play an important role in practically managing operational staffing matters. They also provide consistency and transparency for employees and managers, helping to enhance the psychological contract and create a positive organisational culture.
2.4 It is recommended that the Council adopts the policies attached not only to provide a secure working environment for its employees but also to potentially help to protect the organisation against legal claims.
2.5 Additional, statutory policies are currently being drafted, to include maternity, paternity and shared parental leave policies, which will be presented to the next Full Council for approval.
2.6 Once approved, the Clerk through staff meetings, will disseminate the policies to employees.
3. RECOMMENDATIONS
3.1 That the policies listed in paragraph 1.1 above and attached as Appendix 1 to this report be adopted.
For further information: Background papers:
Melanie Stephens, Parish Clerk [email protected]
None.
20
C
Fair Oak & Horton Heath Parish Council
2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL
Telephone: (023) 8069 2403 email: [email protected]
GRIEVANCE POLICY & PROCEDURE
1. POLICY
1.1 It is the Council’s policy to encourage employees with grievances relating to their employment to use the procedure below to seek satisfactory solutions. The Council will try to resolve grievances as quickly as possible to the satisfaction of the individual(s) concerned. Where this is not possible, every effort will be made to explain the reasons for the decision.
1.2 If employees are not satisfied with the outcome, they have the right to pursue their grievance to the next stage. It is hoped that most grievances will be resolved during the informal discussion. Employees who have raised grievances will be treated fairly at all times before, during and after the grievance hearing(s).
2. PROCEDURE
2.1 Informal stage
2.2 If you have a grievance about your employment you should discuss it informally with your immediate manager. In the case that it is the Clerk/Executive Officer that is aggrieved, they should discuss their concern informally with the Chairman/Vice-Chairman of the Council. The manager will give a response within five working days. See below for exceptions to this procedure.
3. Formal stages
3.1 Stage 1
3.2 If you feel that the matter has not been resolved satisfactorily through informal discussions you must put your grievance in writing to your immediate manager outlining the nature of your grievance and the outcome you are looking for. In the case that it is the Clerk/Executive Officer that is aggrieved, they should write to the Chairman or Vice-Chairman of the Council.
3.3 You will normally receive an acknowledgement within five working days and a meeting will be arranged. Prior to the meeting the Council may carry out such reasonable investigation as necessary so that it can properly deal with your grievance. You, and the manager will attend the meeting, and you will be given the option to call relevant witnesses. You may choose to be accompanied by a colleague, or accredited trade union official. The manager or Chair of Staffing Committee will give a response within five working days of the meeting and will inform the employee of the appeals procedure.
4. Stage 2 – Appeal Stage
4.1 If you are not satisfied with the response, you may raise the matter, in writing, with the Clerk. If the Clerk undertook the stage 1 hearing then you should write to the Chairman or Vice-Chairman of the Council. In the case of a grievance from the Clerk then the Clerk should write to the Chairman or Vice-Chairman of the Council. A meeting will be arranged, constituted as in Stage 1, except that the Clerk or Appeal Committee replace the manager. A response will be given within five working days of the meeting. The decision at stage 2 will be final.
21
Appendix 1
5. INVESTIGATIONS
5.1 The Council is committed to ensuring that all grievances are investigated fully. This may involve carrying out interviews with the employee concerned and third parties such as witnesses, colleagues and managers, as well as analysing written records and information. The identity of witnesses will be kept confidential where necessary.
NOTES
1. You may raise a complaint directly with a senior manager or the Chairman of the Councilif it:
a. concerns your immediate manager orb. is of too personal or sensitive a nature to raise with your immediate manager.
2. Complaints concerning discrimination, bullying or harassment by your immediatemanager may be raised directly with the Clerk or the Chairman of the Council. This maybe done informally or formally.
3. If your complaint concerns an alleged wrongdoing or criminal offence by someone withinthe Council, you should raise it immediately with the Clerk or the Chairman of theCouncil. The Public Interest Disclosure Act 1998 (known as the Whistle-blowers’ Act)contains details of the additional protection available for protected disclosures.
4. You will be given the opportunity to explain your grievance, how you think it should beresolved, and have the opportunity to respond to all information and evidence producedby the Council.
5. The grievance procedure should not be used for appeals against disciplinary decisions,as that is the purpose of the disciplinary appeals procedure. If, however, you have acomplaint against the behaviour of a manager during the course of a disciplinary case,you may raise it as a grievance with a senior manager.
6. Employees are encouraged to raise grievances and will not suffer any detriment fromdoing so. If your grievance is found to be malicious or to have been made in bad faith,however, you will be subject to the Council’s disciplinary procedure.
7. A second management representative from another organisation may be invited toattend formal grievance meetings to act as a witness and note-taker.
8. The timescales listed above will be adhered to wherever possible. Where there are goodreasons, e.g. the need for further investigation or the lack of availability of witnesses orcompanions, timescales may be extended.
9. The Council reserves the right to seek assistance from external facilitators at any stagein the grievance procedure.
10. If you experience difficulty at any stage of the grievance procedure you should discussthe situation with the relevant Manager or Councillor as soon as possible.
11. This procedure is for guidance only and does not form part of employees’ contractualrights. The contents may be subject to revision from time to time.
Amendment Record:
Version 1: July 2019
22
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
DISCIPLINARY POLICY AND PROCEDURE
1. POLICY
1.1 The Council aims to ensure that there will be a fair and consistent approach to the enforcement of standards of conduct and performance in the Council. This policy and procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. This procedure sets out the action that will be taken when disciplinary rules are breached.
1.2 Matters which may be dealt with under this policy include discipline and dismissal for the following reasons (please note that this list is not exhaustive):
• Misconduct• Sub-standard performance• Harassment or victimisation• Misuse of council facilities, including computer facilities (e.g. email and
internet)• Poor timekeeping• Unauthorised absence
2. PRINCIPLES
2.1 In enacting this policy, the Council will aim to ensure that:
• Informal action will be offered, where appropriate, to resolve problems.• No disciplinary action will be taken against an employee until the case has
been fully investigated and a disciplinary hearing has taken place.• For formal action the employee will be advised in writing of the nature of
the complaint against him or her and will be given the opportunity to statehis or her case before any decision is made.
• Employees will be provided, where appropriate, with written copies ofevidence and relevant witness statements in advance of meetings.
• At all stages of the procedure the employee will have the right to beaccompanied by a trade union representative, or work colleague.
• Any mitigating circumstances will be taken into account when reachingdecisions on appropriate disciplinary penalties.
• No employee will be dismissed for a first breach of discipline except in thecase of gross misconduct, when the penalty will be dismissal withoutnotice or payment in lieu of notice.
• An employee will have the right to appeal against any discipline imposed.• The procedure may be implemented at any stage if the employee's
alleged misconduct warrants such action.
23
3. PROCEDURE
3.1 Informal stage
3.2 Minor faults will be dealt with informally. Where the matter is more serious the following procedure will be used.
3.3 Stage 1
This will normally be either:
(a) an improvement note/email for unsatisfactory performance ifperformance does not meet acceptable standards.
This will set out the performance problem, the improvement that is required, the timescale, any help that may be given and the right of appeal. The employee will be advised that it constitutes the first stage of the formal procedure. A record of the improvement note/email will be kept for six months, but will then be considered spent – subject to achieving and sustaining satisfactory performance
(b) a first warning for misconduct if conduct does not meet acceptablestandards.
This will be in writing (formal letter) and set out the nature of the misconduct and the change in behaviour required and the right of appeal. The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept, but it will be disregarded for disciplinary purposes after six months.
3.4 Stage 2 - Final written warning
If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance to the prescribed standard during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will advise of the right of appeal. A copy of this written warning will be kept but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct or performance. In exceptional cases the period may be longer.
3.5 Stage 3 - Dismissal or other sanction
If there is still further misconduct or failure to improve performance to the prescribed standards the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or disciplinary suspension or transfer (as allowed in the contract of employment). The employee will be provided, as soon as reasonably practicable, with written reasons for dismissal, the date on which his or her employment will terminate (in accordance with the employee's notice entitlement) and will be notified of his or her right of appeal.
24
If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement, and will be advised of the right of appeal. A copy of the written warning will be kept but will be disregarded for disciplinary purposes after twelve months subject to achievement and sustainment of satisfactory conduct or performance.
4. GROSS MISCONDUCT 4.1 The following list provides some examples of offences which are
normally regarded as gross misconduct:
• theft or fraud • physical violence or bullying • deliberate and serious damage to property • serious misuse of an organisation’s property or name • deliberately accessing internet sites containing pornographic, offensive or
obscene material • serious insubordination • unlawful discrimination or harassment • bringing the organisation into serious disrepute • serious incapability at work brought on by alcohol or illegal drugs • causing loss, damage or injury through serious negligence • a serious breach of health and safety rules • a serious breach of confidence
This list is not intended to be an exhaustive one and only gives an indication of the types of offence that may be considered gross misconduct.
4.2 If the employee is accused of gross misconduct, the Council may suspend
him or her from work with pay while it investigates the alleged offence. This will be as brief as possible, normally for no more than five working days, and the Council will explain its reasons in writing. The employee shall not attend his or her place of work during suspension, other than for the purpose of attending disciplinary proceedings, including investigatory interviews. The employee shall not contact any other employees or contacts of the Council, except the employee's companion, without the Council’s consent.
4.3 If, on completion of the investigation and the full disciplinary procedure, the
Council is satisfied that gross misconduct has occurred, the result will normally be summary dismissal, i.e. dismissal without notice or pay in lieu of notice.
5. DISCIPLINARY INVESTIGATIONS 5.1 The Council is committed to ensuring that all potential infringements of
disciplinary rules are fully investigated. This may entail carrying out interviews with the employee concerned and third parties such as witnesses, colleagues and managers, as well as analysing written records and information. It may also involve a search of the employee's person and/or property. The investigation report will be made available to all the parties concerned. The identity of witnesses will be kept confidential where necessary.
25
Where an employee is called to attend an investigatory interview, it will be made clear that this is not a disciplinary hearing.
6. DISCIPLINARY HEARING
6.1 An employee will be invited, in writing, to a disciplinary hearing once the investigations are complete. Prior to the meeting the employee will be informed of the nature of the allegations that are to be addressed. The disciplinary hearing will be conducted by three members of the Council forming a Disciplinary Panel.
7. APPEALS
7.1 An employee who wishes to appeal against a disciplinary decision must do so within five working days. Three members of the Council will be appointed to form an Appeals Panel (there will be different members to the Disciplinary Panel). The Panel will hear all appeals and their decision is final. At the appeal any disciplinary penalty imposed will be reviewed.
7.2 If the employee wishes to appeal against a disciplinary decision, he or she must do so through the Appeals Panel within five working days of the receipt of the disciplinary letter. The appeal should be made in writing, stating the ground(s) on which the disciplinary penalty should be reviewed.
7.3 Members of the Appeals Panel will hear the appeal. In the rare circumstances where this is not possible, alternative arrangements will be agreed with the employee and his or her companion.
7.4 The appeals hearing will be normally held within 10 working days of receipt of the letter. The decision of the Appeals Panel shall be final.
8. APPEALS HEARING
8.1 At the appeals hearing, the employee will be given opportunity to state the ground(s) on which the appeal is made. The Disciplinary Panel who took the original decision will then have the opportunity to explain their decision to impose the given penalty. The members of the Appeals Panel conducting the appeal may exercise discretion as to whether or not the two parties will be present together during the proceedings. The hearing will be adjourned when all the evidence has been heard. The members of the Appeals Panel conducting the appeal will consider the merits of the appeal, in private, before reaching a decision.
8.2 The members of the Appeals Panel will, whenever possible, verbally inform the employee of the decision reached and confirm this in writing no later than five working days after the hearing.
8.3 The members of the Appeals Panel has the authority to quash or reduce a disciplinary penalty or, in exceptional and appropriate circumstances, to increase it, in accordance with the penalties specified in the Council's disciplinary procedure.
8.4 An appeal hearing is intended to focus on specific factors that the employee feels have received insufficient consideration, such as:
26
• an inconsistent/inappropriate harsh penalty• extenuating circumstances• bias of the disciplining manager• unfairness of the hearing• new evidence subsequently coming to light.
8.5 Where an appeal against dismissal fails, the effective date of termination shall be the date on which the employee was originally dismissed.
8.6 During the course of the disciplinary appeals process the following actions will be taken: -
• Employees will receive a written invitation to all disciplinary meetings• Outcomes of formal meetings will be confirmed to the employee in
writing.• The timescales listed above will be adhered to wherever possible.
Each party can request an extension of the permitted timescale,however, where there are good reasons.
• The Council reserves the right to seek assistance from externalfacilitators at any stage in the disciplinary procedure, in the interests ofseeking a satisfactory outcome for all those concerned.
• For employees during their first year of employment, the Councilreserves the right to speed up the decision-making process and maychoose to follow a shortened version of the above procedure.
• The grievance procedure should not be used for appeals againstdisciplinary decisions. That is the purpose of the disciplinary appealsprocedure. If, however, the employee has a complaint against thebehaviour of a manager during the course of a disciplinary case, theymay raise it as a grievance with a senior manager. If necessary, thedisciplinary procedure may be suspended for a short period until thegrievance can be considered. Another manager may be brought in todeal with the disciplinary case.
9. ABUSE OF THIS POLICY
9.1 Any abuse in the application of this policy will be dealt with in accordance with The Council’s Disciplinary Policy and Procedure and may possibly result in disciplinary action being taken, up to and including dismissal.
10. ALTERATIONS AND AMENDMENTS TO THIS POLICY
10.1 This policy does not form part of an employee’s contract of employment. The Council reserves the right to amend or withdraw this Policy at its absolute discretion, in accordance with the needs of the council.
11. ADDITIONAL INFORMATION
11.1 For further information, please contact the Clerk of the Parish Council on [email protected]
27
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
EQUALITY AND DIVERSITY POLICY
Fair Oak & Horton Heath Parish Council is committed to meeting the varied needs and circumstances of its residents and employees and to ensuring that services area equally appropriate to all without discrimination. The Council’s goal is to support the development of strong, secure, self-reliant and self-confident inclusive communities, free from unlawful discrimination.
EMPLOYMENT:
No Council employee or job applicant will receive less favourable treatment on the grounds of race, colour, nationality, ethnic origin, sex, material status, sexual orientation, pregnancy/maternity, trade union activity, age, religious or political beliefs or disability, nor will they be disadvantaged by conditions or requirements which cannot be justified.
Every workforce member will be required to adhere to this policy and assist the Council in meeting its commitment to provide equal opportunities in employment and avoid unlawful discrimination. Acts of discrimination, harassment, bullying or victimisation against members of the workforce or customers are disciplinary offences and will be dealt with the under council’s disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct.
SERVICE DELIVERY:
The Council will ensure that its services, including the ones carried out in partnership with any other agency are available equally to all, regardless of race, colour, nationality, ethnic origins, sex, material status, sexual orientation, disability, age, religious or political beliefs, making sure that no one is disadvantaged by conditions which cannot be justified.
LEGISLATION:
In developing this Policy, Fair Oak & Horton Heath Parish Council has considered all current appropriate legislation; the Equal Opportunities Commission (EOC) guidelines, the Commission for Racial Equality (CRE) Code of Practice & the Disability Rights Commission (DRC) guidelines.
DISCRIMINATION AND HARASSMENT:
The Parish Council will act to ensure that all forms of discrimination are eradicated from its policies and practices.
Discrimination occurs when someone is treated less favourably because of their colour, disability, gender, race, nationality, religion or beliefs, sexual orientation and age.
Legally, it is not necessary to prove that someone intended to discriminate; it is enough only to show that the outcome of an action was less favourable treatment. Less favourable treatment can take many forms – words, actions or failure to provide opportunities or services and can be perpetuated by individuals, groups or institutions.
The Parish Council recognises that harassment and discrimination of employees and service users is unacceptable and is working towards building an organisation culture that reinforces this belief. The Council is committed to addressing harassment of employees and service users, since it is a barrier to achieving its equalities objectives.
28
EQUALITY IN EMPLOYMENT:
Fair Oak & Horton Heath Parish Council recognises the value of a workforce in which people of differing backgrounds are encouraged to introduce fresh ideas and perceptions, enabling it to deliver high quality services to all members of the community.
To underpin its commitment to equality in employment, the Parish Council will: -
Will ensure that all recruitment, selection and training procedures operate in a fairand non-discriminatory ways, so that the best person to do the job is appointed;
Will consult regularly with the Hampshire Association of Local Councils and otheragencies to identify gaps in its employment policies and take action to remedy them;and
Will consider sympathetically any request for flexible working, job-share, travelarrangements, child and dependent care leave and will guarantee interviews fordisabled people who meet the essential criteria for a job.
EQUALITY IN SERVICE DELIVERY:
Fair Oak & Horton Heath Parish Council will ensure that all services are accessible to all people without discrimination.
The Council aims to ensure that all employees, councillors, contractors and partners have the information they need to provide equality of opportunity and that this is reflected int heir conduct. The Council will require, where legal possible, partners and contractors to have equal opportunities policies, and will seek sufficient information and evidence that compliance with equalities legislation is genuine.
RESPONSIBILITIES:
The accountabilities and responsibilities in relation to this policy can be summarised as follows: -
Parish Councillors will take the lead in promoting equality, ensuring equalities issues are given due consideration within their area of responsibility, in decision-making and in monitoring services.
Parish Clerk will actively support and assist the equalities work by: -
Monitoring the performance of the Parish Council’s services, agreeing the necessaryaction and maintaining a commitment to the Council’s equalities work
Being pro-active in developing a service led approach to equalities development Working within national equalities and inclusion standards
All employees have responsibility for implementing/abiding by this policy as an integral and core element of the work of the Parish Council. Employees also support the Parish Council in meeting the requirements of this policy; seek training opportunities and personal development as appropriate.
The Parish Council has approved a complaints procedure, details of which can be founds on the Parish Council’s website, www.fairoak-pc.gov.uk or obtained from the Parish Council Offices at 2 Knowle Park Lane, Fair Oak, Hampshire, SO50 7GL or Tel: 023 8069 2403: Email: [email protected]
29
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
ANTI-HARASSMENT AND BULLYING POLICY
1. SCOPE
1.1 This policy and procedure applies to all employees of Fair Oak & Horton Heath Parish Council.
2. POLICY
2.1 Our aim is to provide a working environment that respects the rights of each employee and where colleagues treat each other with respect. Any behaviour that undermines this aim is unacceptable.
2.2 Fair Oak & Horton Heath Parish Council) (“The Council”) does not tolerate any form of harassment or bullying under any circumstances. While implementing and upholding the policy is the duty of all our councillors, managers and supervisors; all employees have a responsibility to ensure that harassment does not occur in The Council.
3. RELATED POLICIES AND PROCEDURES
3.1 This policy is to be read in conjunction with The Council’s Equality & Diversity policy.
3.2 The following procedure has been designed to inform councillors and employees about the type of behaviour that is unacceptable and provides employees who are the victims of harassment and bullying with a means of redress. The Council will not tolerate harassment or bullying of:
• job applicants• employees• contractors• agency workers• the self-employed• ex-employees
3.3 This policy also applies to work related functions which are held outside of normal working hours, either on or off The Council’s premises, such as Christmas parties, leaving celebrations, working lunches, etc.
4. HARASSMENT
4.1 Harassment is defined as unwanted conduct related to a relevant protected characteristic (an area covered by discrimination legislation) which has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive working environment for them.
Harassment will also occur where a colleague is treated less favourably because he or she has rejected or refused to submit to sex-based harassment, sexual harassment or gender reassignment harassment.
4.2 Where it cannot be established that there was an intention to offend, conduct will only be regarded as violating a person's dignity or creating an intimidating, hostile,
30
degrading, humiliating or offensive environment if, taking all the circumstances into account it would be reasonable to come to that conclusion.
4.3 People can be subjected to harassment on a wide variety of grounds. Some examples are:
• Sex-based (purely because of gender) or sexual (sexual in nature)• Sexual orientation• Trans-sexualism (gender reassignment)• Being married or a civil partner• Race, nationality, ethnic origin, national origin or skin colour• Disability itself or a reason relating to it• Age• Employment status, e.g. part-time, fixed term• Membership or non-membership of a trade union• Carrying out health and safety duties• Religion or religious beliefs or lack of either• Deeply held personal beliefs or lack of them• Political beliefs• Criminal record• Health, e.g. AIDS/HIV sufferers• Physical characteristics• Social class• Willingness to challenge harassment – being ridiculed or victimised for raising
a complaint
4.4 Harassment is normally characterised by more than one incident of unacceptable behaviour, particularly if it reoccurs, once it has been made clear by the victim that they consider it offensive. One incident may constitute harassment, however, if it is sufficiently serious. Harassment on any grounds, including the above, will not be tolerated.
4.5 Harassment at work is unlawful under the Equality Act 2010. The Council together with any councillors, managers or supervisors who fail to take steps to prevent harassment or investigate complaints may be held liable for their unlawful actions and be required to pay damages to the victim, as will the employee who has committed the act of harassment. There is no limit to the compensation that can be awarded in employment tribunals for acts of harassment.
4.6 The Council will also be liable for harassment that comes from a third party if that harassment occurs on at least two occasions, the organisation is aware that it has happened and does nothing to stop it happening.
4.7 Harassment on any grounds is also a criminal offence, primarily under the Protection from Harassment Act 1997. This means that colleagues who suffer harassment may contact the police, in the case of harassment from fellow employees or harassment by third parties. Those found guilty face fines or periods of imprisonment of up to two years.
4.8 Additionally, an employee harassed by a colleague may sue that colleague personally for the damage and distress caused. The Council may be held vicariously liable under the Protection from Harassment Act for any harassment perpetrated by an employee whenever the behaviour in question is closely connected to the employment relationship.
31
5. EXAMPLES OF HARASSMENT
5.1 Employees must recognise that what is acceptable to one employee may not be acceptable to another. Examples of harassment include:
• Verbal – crude language, open hostility, offensive jokes, suggestive remarks,innuendoes, rude or vulgar comments, malicious gossip and offensive songs.
• Non-verbal – wolf-whistles, obscene gestures, sexually suggestiveposters/calendars, pornographic material (both paper-based and generatedon a computer, including offensive screen-savers), graffiti, offensive letters,offensive e-mails, text messages on mobile phones and offensive objects.
• Physical – unnecessary touching, patting, pinching or brushing againstanother employee’s body, intimidating behaviour, assault and physicalcoercion.
• Coercion – pressure for sexual favours (eg to get a job or be promoted) andpressure to participate in political, religious or trade union groups, etc.
• Isolation or non-cooperation and exclusion from social activities.• Intrusion – following, pestering, spying, etc.
6. BULLYING
6.1 Bullying is defined as a gradual wearing down process comprising a sustained form of psychological abuse that makes victims feel demeaned and inadequate. Bullying is defined as offensive, intimidating, malicious or insulting behaviour, or an abuse or misuse of power, which has the purpose, or effect of intimidating, belittling and humiliating the recipient, leading to loss of self-esteem for the victim and ultimately self-questioning his or her worth in the workplace and society as a whole.
6.2 Examples of workplace bullying range from extreme forms such as violence and intimidation to less obvious actions, like deliberately ignoring someone at work. These can be split into two categories:
The obvious:
• Shouting or swearing at people in public and private.• Persistent criticism.• Ignoring or deliberately excluding people.• Persecution through threats and instilling fear.• Spreading malicious rumours.• Constantly undervaluing effort.• Dispensing disciplinary action that is totally unjustified.• Spontaneous rages, often over trivial matters.
The less obvious:
• Withholding information or supplying incorrect information.• Deliberately sabotaging or impeding work performance.• Constantly changing targets.• Setting individuals up to fail by imposing impossible deadlines.• Levelling unfair criticism about performance the night before an employee
goes on holiday.• Removing areas of responsibility and imposing menial tasks.• Blocking applications for holiday, promotion or training.
6.3 The actions listed must be viewed in terms of the distress they cause the individual. It is the perceptions of the recipient that determine whether any action or statement can be viewed as bullying.
32
6.4 The impact of harassment and bullying can lead to illness, absenteeism, an apparent lack of commitment, poor performance and resignation. The damage, tension and conflict that harassment and bullying create should not be underestimated. The result is not just poor morale, but higher labour turnover, reduced productivity, divided teams, poor service and poor product quality.
6.5 Public image can be badly damaged when incidents of harassment and bullying occur, particularly when they attract media attention.
7. ENFORCEMENT
7.1 Any harassment or bullying will be classed as gross misconduct, for which employees may be summarily dismissed.
7.2 All councillors and employees will be informed of The Council’s policy towards harassment and bullying at induction and through communication and awareness programmes. It will be stressed that all complaints of harassment will be treated seriously.
7.3 The Council expects all councillors, managers and supervisors to ensure that this policy and procedure is adhered to at all times and expects all councillors and employees to respect the dignity of their colleagues. The policy will be regularly monitored by the Parish Clerk to ensure that it is achieving its aims and that councillors, managers and employees are confident about its application.
8. TRAINING, COMMUNICATION AND AWARENESS
8.1 The Council recognises that a written policy is not sufficient to eliminate harassment and bullying. Prominent and regular communication, training and awareness sessions are important to ensure that all employees:
• Understand our commitment to prevent harassment and bullying.• Understand their responsibilities and role in the process.• Know how to seek advice and guidance.• Know how to make complaints and are confident they will be handled
effectively.
8.2 The Council is committed to communicating the policy effectively through:
• Training and awareness programmes for all staff• Briefings for employees• Notices on staff notice boards• Inclusion in briefing meetings• Induction
9. PROCEDURES
9.1 Advice: The Council recognises the sensitive nature of harassment and bullying. Employees who believe they are being harassed or bullied may wish to discuss their situation before deciding what action to take. The Council operates an open-door policy to discuss workplace problems and employees can discuss the matter with their manager or supervisor on an informal basis.
9.2 The Council recognises that this may not always be appropriate in the circumstances, however. If this is the case, employees can discuss the situation with a member of the Council to act as an advisor.
33
They will:
• ensure the conversation remains confidential as far as possible;• listen sympathetically;• help individuals consider objectively what has happened;• discuss what outcome the individual would wish to see;• draw attention to available procedures and options;• inform the individual of the legal liabilities involved;• help weigh up the alternatives, but without pressure to adopt any particular
course;• assist the individual in dealing with the situation, if they ask for help.
9.3 Confidentiality will be maintained as far as possible. If an employee decides not to take any action to deal with the problem and the circumstances described are very serious, however, The Council reserves the right to investigate the situation. It has an overall duty of care to ensure the safety of all employees who may be adversely affected by the alleged harasser’s/ bully’s behaviour.
10. SOLUTIONS
10.1 It is for the individual to decide which route to take in solving any problem that has occurred. There are two types of solution available – informal and formal.
10.2 Informal
Employees can choose to solve the matter themselves by approaching the harasser or bully, telling him or her that their behaviour is unwelcome and that it must stop. Otherwise a formal complaint will be made using the procedure outlined below.
If victims would find it difficult or embarrassing to raise the issue directly with the person creating the problem, support can be sought from a work colleague [option where union is recognised – or a union representative] who can accompany the victim when speaking to the harasser or bully.
A third option, is that the victim can put his or her views in writing to the harasser or bully, telling him or her that their behaviour is unacceptable and that it must stop.
10.3 Formal
Where informal solutions fail, or serious harassment or bullying occurs, employees can bring a formal complaint in the form of a grievance, with the procedure adapted to take account of the sensitivities of such situations. Each step and action under the formal complaints procedure will be taken without unreasonable delay.
Complaints will be investigated swiftly and confidentially while ensuring that the rights of both the alleged victim and the alleged harasser or bully are protected. Employees and witnesses can be assured that they will not be ridiculed or victimised for making, or assisting a colleague in making, a complaint, even if it is not upheld, as long as it is made in good faith. Everyone involved in the investigation, including witnesses, will be required to maintain confidentiality – a failure to do so will be a disciplinary matter. The procedure is as follows:
10.4 Step 1: Lodging a statement of grievance and conducting an investigation:
• The complaint should be put in writing, outlining the alleged incidents, whenthey occurred, the harm caused, the names of any witnesses and the name ofthe alleged harasser or bully.
34
• If the victim would find it distressing to set out their complaint in writing thenhe or she should contact the Clerk who will provide assistance.
• The written complaint should initially be lodged with the Parish Clerk. If thiswould not be appropriate in the circumstances, it should be lodged theChairman of the Council.
• An independent Councillor (the Investigator) will be appointed who has hadno previous involvement with the situation and who will conduct investigatoryinterviews with the complainant, the individual against whom the complainthas been lodged and any relevant witnesses. The right to accompaniment willbe provided to all those interviewed.
• The investigator will submit a full report to the Finance Committee Chairmanwho will request that a Sub-Committee be established to hear the grievance.
10.5 Step 2: Grievance meeting:
• The employee will be invited to a meeting with the Sub-Committee to discussthe grievance and the result of the independent investigator's report.
• The employee will be provided with the right to accompaniment.• The timing and location of the meeting must be reasonable.• The meeting will not take place until the Sub-Committee has had a
reasonable opportunity to consider the information contained in theemployee's grievance letter and the independent investigator's report.
• The employee must take all reasonable steps to attend the meeting.• The meeting must be conducted in a manner that enables the employee to
explain his or her case and the Sub-Committee to set out the results of theinvestigation.
• After the meeting the Sub-Committee will inform the employee of theirdecision as to the grievance and notify the employee of the right to appealagainst that decision if the employee is not satisfied with it.
10.6 Step 3: Hearing the appeal:
• If the employee wishes to appeal, he or she must inform the Chairman of theSub-Committee.
• The employee will be invited to attend a further meeting.• The employee will be provided with the right to accompaniment.• The timing and location of the meeting will be reasonable.• The employee must take all reasonable steps to attend the meeting.• The meeting will be conducted in a manner that enables both sides to explain
their cases.• After the appeal meeting the Chairman of the Sub-Committee will inform the
employee of the final decision, within 5 working days.
Full records will be kept of the grievance proceedings and copies of meeting records given to the complainant.
If, at the end of Step 1, the complaint is upheld the matter will be passed to the appropriate Sub-Committee to conduct a disciplinary hearing with the person who perpetrated the harassment or bullying.
11. MONITORING
11.1 Where harassment or bullying has been found to have occurred and the perpetrator remains in employment, regular checks will be made to ensure that harassment has stopped and that there has been no victimisation or retaliation against the victim. The Council will also ensure that the employee who committed the act of harassment or bullying is not victimised in any way.
35
12. MALICIOUS COMPLAINTS
12.1 Where a complaint is blatantly untrue and has been brought out of spite, or for some other unacceptable motive, the complainant will be subject to The Council’s disciplinary procedure, as will any witnesses who have deliberately misled The Council during its investigations.
13. COMPLAINTS TO AN EMPLOYMENT TRIBUNAL
13.1 While the Council trusts that employees will use the internal procedure to resolve any concerns they have about harassment, claims can be lodged with an employment tribunal where harassment is on the grounds of:
• sex• gender reassignment• race• disability• sexual orientation• religion• belief• age
14. ABUSE OF THIS POLICY
14.1 Any abuse in the application of this policy will be dealt with in accordance with The Council’s Disciplinary Policy and Procedure and may possibly result in disciplinary action being taken, up to and including dismissal.
15. ALTERATIONS AND AMENDMENTS TO THIS POLICY
15.1 This policy does not form part of an employee’s contract of employment. The Council reserves the right to amend or withdraw this Policy at its absolute discretion, in accordance with the needs of the council.
Additional information
For further information, please contact Melanie Stephens, Parish Clerk by emailing [email protected]
Amendment Record
Version 1: July 2019
36
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
ANTI-BRIBERY POLICY
1. CONTEXT
1.1 The Council values its reputation for ethical behaviour and for financial probity and reliability. It recognises that over and above the commission of any crime, any involvement in bribery will also reflect adversely on its image and reputation. Its aim therefore is to limit its exposure to bribery by:
• setting out a clear anti-bribery policy,• establishing and implementing anti-bribery procedures as appropriate,• communicating this policy and any relevant procedures to employees and to others who will
perform services for the Council,• undertaking appropriate due diligence measures before engaging others to represent the
Council in its business dealings,• monitoring and reviewing the risks and the effectiveness of any anti-bribery procedures that
are in place.
2. POLICY
2.1 The Council prohibits the offering, giving, solicitation or acceptance of any bribe (whether cash or other inducement): -
• to or from any person or Council (wherever they are situated and whether they are a publicofficial or body or private person or Council),
• by any individual employee, agent or other person or body acting on behalf of the Council,• in order to gain any commercial, contractual or regulatory advantage for the Council in a
way that is unethical,• or in order to gain any personal advantage (pecuniary or otherwise) for the individual or
anyone connected with the individual.
2.2 This policy prohibits any inducement that results in a personal gain or advantage to the recipient or any person or body associated with them, and which is intended to influence them to take action that may not be solely in the interests of the Council or of the person or body employing them or whom they represent.
2.3 This policy is not meant to prohibit normal and appropriate gifts of hospitality, providing they are proportionate and are properly recorded.
2.4 Inevitably, decisions as to what is acceptable may not always be easy. If you are in any doubt as to whether a potential act constitutes bribery, the matter should be referred to the Parish Clerk before proceeding.
3. EMPLOYEES’ RESPONSIBILITY
3.1 The prevention, detection and reporting of bribery is the responsibility of all employees and the Council is committed to:
37
• encouraging employees to be vigilant and to report any suspicion of bribery, • providing employees with suitable channels of communication and ensuring that
sensitive information is treated appropriately, • investigating instances of alleged bribery and assisting the police and other appropriate
authorities in any resultant prosecution, • taking disciplinary action against any individual(s) involved in bribery.
Any suspicion of bribery should be reported in confidence to the Managing Director who • has overall responsibility for bribery prevention.
Additional information For further information, please contact Melanie Stephens, Parish Clerk by emailing [email protected] Amendment Record Version 1: July 2019
38
Fair Oak & Horton Heath Parish Council 2 Knowle Park Lane, Fair Oak, Eastleigh, SO50 7GL Telephone: (023) 8069 2403 email: [email protected]
PUBLIC INTEREST DISCLOSURE (‘WHISTLEBLOWING’) POLICY
1. SCOPE1.1 The Council constantly strives to safeguard and act in the interest of the public and its
employees. It is important to the Council that any fraud, misconduct or wrongdoing, by employees or other agents, is reported and properly addressed.
1.2 This policy applies to all employees and all other agents of the Council, who are encouraged to raise concerns in a responsible manner. The Council prefers that a concern is raised and dealt with properly, rather than kept quiet.
2. YOUR RESPONSIBILITIES2.1 You are encouraged to bring to the attention of the Council any practice or action of the Council,
its employees or other agents that you reasonably believe is against the public interest, in that the practice or action is:
• a criminal offence
• a failure to comply with any legal obligation
• a miscarriage of justice
• a danger to the health and safety of any individual
• an attempt to conceal information on any of the above2.2 Any individual raising legitimate concerns will not be subject to any detriment, either during or
after employment. The Council will also endeavour to ensure that the individual is protected from any intimidation or harassment by any other parties.
2.3 This policy should not be used for complaints relating to your own personal circumstances, such as the way you have been treated at work, which should be raised under the Council's Grievance Procedure.
3. PROCEDURE3.1 In the first instance, you should raise any concerns you have with your manager. If you believe
your manager to be involved, or if, for any reason, you do not wish to approach your manager, then you should raise it with the Council Chairman.
3.2 Any matter raised under this policy will be investigated promptly and confidentially. The outcome of the investigation, as well as any necessary remedial action to be taken, will be confirmed to you. If no action is to be taken, the reason for this will be explained to you.
3.3 Allegations regarding potential breaches of this policy will be treated in confidence and investigated thoroughly. If you raise any concerns under this policy, the Council is committed to ensuring that you are protected from victimisation, harassment or less favourable treatment. Any such incidents will be dealt with under the Council's Disciplinary Procedures.
3.4 Escalating your concern If you are dissatisfied with this response, you should raise your concerns in writing directly with the Council Chairman.
39
3.5 If, after escalating your concerns, you believe that the appropriate remedial action has not been taken, you should then report the matter to the proper authority. These authorities include:
• HM Revenue & Customs
• the Financial Conduct Authority
• the Health and Safety Executive
• the Environment Agency or Scottish Environmental Protection Agency
• the Information Commissioner3.6 This list is not intended to be exhaustive, and you must take care to ensure you contact the
proper authority in relation to the particular concerns you have. 3.7 If you are unsure as to the appropriate authority, advice can be sought from Public Concern
at Work which is an independent Whistleblowing Charity. Their contact details are at the end of this policy.
3.8 If you raise a false allegation and you are found to be culpable, or in any way involved in the wrongdoing, or if you raise a concern maliciously or in a manner not prescribed in this policy, then you may be subject to disciplinary action up to and including dismissal without notice for gross misconduct.
3.9 You should not disclose to a non-relevant third party any details of any concern raised in accordance with this policy, and you must not, in any circumstances, publicise your concerns in any way.
4. INDEPENDENT ADVICE4.1 Independent advice and support can be obtained from Public Concern at Work (Independent
Whistleblowing Charity): https://protect-advice.org.uk/
Additional information
For further information, please contact Melanie Stephens, Parish Clerk by emailing [email protected]
Amendment Record
Version 1: July 2019
40
From: Jacqui & LynnTo: ClerkSubject: ChangesDate: 07 July 2019 13:57:58
Hi Mel
Further to our recent conversation re changes to our porch area, we have now received the twoquotes necessary to make the changes.
We have asked Executive Exteriors, a local window company, to quote for the glass panels eachside of the porch. The price for each panel is £795 plus vat. They have assured us it will look partof the porch and not an add on. The frames and glass will match the doors already there.
The builder has quoted £1136 to build a low wall in line with the pillars already there. This wallcan then take the weight of the window frame. The bricks will be matched as best as we can.
The work can be carried out as soon as you can give the go ahead, although we are still waitingconfirmation from Tracey.
All our requests to date have been granted, we are so happy you put her in touch. Our outsidearea is having a major make-over and will look fantastic, the porch area will certainly enhancethis and give us an additional dry space outside for coats and wellies etc.
Look forward to hearing from you.
Kind regards
Lynn and Jacqui
Sent from Mail for Windows 10
41
D
42
FAIR OAK & HORTON HEATH COUNCIL FORWARD PLAN: to May 2020
This Forward Plan sets out matters which may be considered by Council in the yearly committee cycle. It includes items on which a “key decision” is likely to be taken.
A KEY DECISION IS - A decision which is likely to:
• Result in the Council incurring expenditure or making savings which amount to either £50,000 or 20% (whichever is the larger) of thegross expenditure budget to which the decision relates; or
• Be significant in terms of its effect on communities living or working in the Parish Council area.
KEY ITEM TO BE TAKEN
BY
DATE DECISION
TO BE TAKEN
PRE- DECISION SCRUTINY
DESCRIPTION LEAD OFFICER / MEMBER
16 SEPTEMBER 2019 No Pembers Hill Open Space Full Council 16 September
2019 Asset Committee/member site visit
To determine whether the PC should take on the open space
Clerk/Operations Manager
Yes Financial Risk Assessment Full Council 16 September 2019
Finance Committee To approve the assessment Clerk/RFO
No Mobile Phone Usage Policy Full Council 16 September 2019
To adopt a mobile phone usage policy
Clerk
No Investment Strategy Full Council 16 September 2019
Finance Committee To adopt an Investment Strategy
Clerk/RFO
Yes Annual Play Inspection Report Full Council 16 September 2019
Asset Committee To consider recommendations Clerk/Operations Manager
No Corporate Plan/Community Engagement
Full Council 16 September 2019
Task & Finish Group?
To consider first stages of Corporate Plan development process – including possible appointment of a T&F Group
Clerk
43
E
KEY ITEM TO BE TAKEN
BY
DATE DECISION
TO BE TAKEN
PRE- DECISION SCRUTINY
DESCRIPTION LEAD OFFICER / MEMBER
21 OCTOBER 2019 No Grants Full Council 21 October
2019 Finance Committee To consider recommendations
of Finance Committee re allocation of grants
Clerk/RFO
Yes Community Investment Programme Full Council 21 October 2019
Asset Committee To consider items for inclusion on the CIP list
Clerk/Chairman of the Council
No Internal Auditor Report Full Council 21 October 2019
Finance Committee To receive recommendations from the Internal Auditor
Clerk/RFO
Yes Annual Return Full Council 16
21 October 2019
Finance Committee To receive the annual return Clerk/RFO
18 NOVEMBER 2019
No Christmas Opening Hours Full Council 18 November 2019
To agree Christmas opening hours.
Clerk
No Review of Bookings Policy Full Council 18 November 2019
Asset Committee To review current Policy Clerk/Bookings Officer
No Marketing & Communications Strategy
Full Council 18 November 2019
To develop a Strategy Clerk/Bookings Officer
No Review of ICT Provision including website
Full Council 18 November 2019
Review of systems following implementation of Office 365 and new website
Clerk/Bookings Officer
44
KEY ITEM TO BE
TAKEN BY DATE
DECISION TO BE TAKEN
PRE-DECISION SCRUTINY DESCRIPTION LEAD OFFICER
/ MEMBER
18 NOVEMBER 2019
No Christmas Opening Hours Full Council 18 November 2019
To agree Christmas opening hours.
Clerk
No Review of Bookings Policy Full Council 18 November 2019
Asset Committee To review current Policy Clerk/Bookings Officer
No Marketing & Communications Strategy
Full Council 18 November 2019
To develop a Strategy Clerk/Bookings Officer
No Review of ICT Provision including website
Full Council 18 November 2019
Review of systems following implementation of Office 365 and new website
Clerk/Bookings Officer
16 DECEMBER 2019
Yes Parish Precept/Budget 2020/21 Full Council 16 December 2019
Finance Committee
To set the precept and annual budget
Clerk/RFO
No Events Planning Full Council 16 December 2019
Asset Committee To consider developing a programme of community events
Clerk/Deputy Clerk
20 JANUARY 2020
No Cricket Club SLA Full Council 20 January 2020
Asset Committee To agree SLA Clerk
No Corporate Plan/Community Engagement Action Plan
Full Council 20 January 2020
To review progress Clerk
17 FEBRUARY 2020
No Internal Auditor’s Report Full Council 17 February 2020
To consider recommendations Clerk/RFO
45
KEY ITEM TO BE
TAKEN BY DATE
DECISION TO BE TAKEN
PRE-DECISION SCRUTINY DESCRIPTION LEAD OFFICER
/ MEMBER
16 MARCH 2020
No Review of Standing Orders Full Council 16 March 2020 To review Standing Orders Clerk
20 APRIL 2020
Yes Draft Accounts Full Council 20 April 2020 Finance Committee To approve accounts for forthcoming year
Clerk/RFO
This forward plan does not include standard items.
Contact Officer: Melanie Stephens, Clerk
46
